Expert: Richard Hixenbaugh - 2/24/2009

Question
My husband was rear ended a month and a half ago. He told them he had pain in his elbow at the time of reporting the accident. The insurance company for the driver at fault have repaired his vehicle already. Since then my husband has been calling regarding his medical claim. He got a hold of the person handling his claim today who said it was closed out and there was nothing they could do about it. Shouldn't they still be responsible - he never signed a release???

Answer
Hi Michelle,

Yes they are responsible. There is no such thing as a closed out file. That is just what they say to try to make you go away. Your husband needs to write them a letter telling them what kind of injuries he had,where he went for treatment and the total costs for his treatment, and demand payment within 15 days. He will also have to enclose copies of all of the medical bills. Then send them the letter by certified mail/return receipt requested.

If they do not respond or make a reasonable offer then you will have to talk to an attorney.

I hope this helps
Richard Hixenbaugh